Plaintiff Dr. Claudia Murphy ( Murphy ), through the undersigned counsel and for her

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1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Case Type: Employment Claudia Murphy, Court File No. v. Plaintiff, COMPLAINT AND JURY DEMAND Minnesota State University Moorhead, Minnesota State Colleges and Universities, Defendant. Plaintiff Dr. Claudia Murphy ( Murphy ), through the undersigned counsel and for her Complaint against Defendant Minnesota State University Moorhead ( MSUM or the University ) and Defendant Minnesota State Colleges and Universities ( MSCU ) states and alleges as follows: I. INTRODUCTION 1. Plaintiff Dr. Claudia Murphy was a successful professor in the Women s Gender Studies ( WGS ) Program and the Philosophy Department at MSUM for over six years, playing an instrumental role in the growth and development of the WGS Program before MSUM failed to hire her because of her age and her complaints about age discrimination into an open professorship for which she was clearly qualified. Instead of hiring Murphy, MSUM hired a significantly younger, less qualified professor into the open position and terminated Murphy. Murphy now brings this action under the Minnesota Human Rights Act ( MHRA ) to seek redress for her failure to be hired and her wrongful discharge and other acts of discrimination and retaliation against her. 1

2 II. PARTIES 2. Plaintiff Murphy was employed as an Assistant Professor by Defendants from January 2009 until August Her paychecks and paystubs came from Minnesota State Colleges and Universities. She is a resident of Moorhead, Minnesota. She is 63 years old. 3. Defendant MSUM is a public Minnesota university and a member of Minnesota State Colleges and Universities. Minnesota State Colleges and Universities is headquartered in St. Paul, MN. III. JURISDICTION AND VENUE 4. The Court has jurisdiction over the parties and causes of action alleged by Plaintiff because Defendant is a Minnesota university, the claims involve violations of Minnesota laws, and the events alleged herein affecting Plaintiff occurred in Minnesota. 5. Venue is proper in this Court because Minnesota State Colleges and Universities is headquartered in Ramsey County. 6. Plaintiff has exhausted her administrative remedies. She filed a charge of discrimination with the Minnesota Department of Human Rights on September 17, 2015 and requested a "Right-to-Sue" Notice from the Department on December 29, IV. FACTUAL BACKGROUND A. Murphy Joins MSUM and Becomes a Successful Professor and Scholar. 7. Murphy was hired by MSUM in January 2009 as an Assistant Professor in the Women s Gender Studies Program and Philosophy Department. 8. Murphy joined MSUM after nearly two decades of teaching and scholarly experience in women and gender issues. She holds a Ph.D. in Philosophy from the University of California, Berkeley (from 1981). 2

3 9. After her hire, Murphy was employed with MSUM as an Assistant Professor on a series of fixed-term contracts. 10. From the beginning of her tenure, Murphy proved to be a talented and committed professor and scholar, popular with both students and colleagues and recognized as a leader in the feminist science studies field on a national level. 11. Murphy quickly became a leader in building and growing the Women s Gender Studies Program, especially the focus on women and science, and the program improved significantly because of her work. 12. Throughout her tenure, Murphy received praise from MSUM leaders regarding her work for the WGS program, including former College of Humanities and Fine Arts Dean Tim Borchers and former WGS Program Director Linda Fuselier. She was recognized for her tireless effort in adding rigor to the WGS program, enhancing the curriculum, and developing the program in general. 13. Given her performance, Murphy was viewed as a distinguished and exemplary faculty member with a bright future at the University. These views are reflected in various letters of evaluation during her tenure, which praised her, for example, as a model for faculty professionalism, as an invaluable leader in the WGS program, and as doing important work for MSUM. B. MSUM Creates a New Professorship for which Murphy is Uniquely Qualified. 14. In March 2015, Murphy learned of an opportunity to continue and grow her career with the University. On March 26, WGS Program Director Kandace Creel Falcón ( Falcón ) called to inform her that MSUM would be hiring an applicant exclusively for the WGS Program. This was thrilling news for Murphy both because it signaled that MSUM placed increased value 3

4 on the program she had helped create and because if hired such a professorship would allow her to focus her nationally renowned expertise. 15. Murphy was objectively well qualified for the role and Falcón considered her a top contender for the position. Murphy was the first person Falcón called regarding the opening. Falcón even asked for her help in crafting the vacancy notice, as Murphy had essentially performed the new role for years. 16. By early April, a search committee had been formed, with Falcón heading it, and a vacancy notice/position description had been finalized by the committee. 17. The vacancy notice listed the following requirements: (1) an expertise in the areas of sustainability, women s health, and/or feminist science studies; (2) evidence of teaching effectiveness at the undergraduate level in women s gender studies areas and/or related interdisciplinary fields; (3) evidence of scholarly activity in women s gender studies areas; and (4) a demonstrated ability to work effectively with students, faculty, and staff of diverse backgrounds. Murphy met each one of these requirements by any objective measure. 18. The search committee had also decided that a PhD in WGS, Feminist Studies or related fields was required for the position. Murphy met this requirement. 19. That the PhD requirement included related disciplines was a fundamental component of the position because restricting the position to WGS and Feminist Studies PhDs would unnecessarily limit the pool of applicants, excluding many of the older, most highly qualified candidates (such as Murphy) and other candidates with the expertise purportedly sought by MSUM in the areas of sustainability, women s health, and feminist science studies from consideration. 4

5 20. WGS is an interdisciplinary field. Most professors teaching in PhD programs in WGS or Feminist Studies in America do not have PhDs in WGS, regardless of their area of expertise and its relationship to gender issues. There are only approximately 16 PhD programs in the United States that award such degrees and the first degrees were not awarded until Accordingly, many of the most qualified candidates with expertise in sustainability, women s health, and feminist science studies would not have PhDs in WGS but rather in philosophy, like Murphy, or in one or more scientific or health related fields. Additionally, given that the WGS PhD is new, it is held only by individuals young enough to have received their PhD in more recent years. C. Dean Cagle Demands that Discriminatory Criteria be Used in the Search Process for the New Position. 21. Falcón presented the vacancy notice created by the search committee to the Dean of the College of Humanities and Social Sciences, Dr. Randy Cagle ( Dean Cagle ), during the week of April Dean Cagle refused to accept the search committee s position description. 23. Instead, Dean Cagle insisted that a PhD specifically in WGS or Feminist Studies be required, even though it meant excluding abundantly qualified older candidates and the applicants with the areas of expertise purportedly sought. Moreover, instead of following common procedure for such a disagreement and meeting with the search committee to reach consensus, he unilaterally changed the vacancy notice to require a terminal degree in WGS or Feminist Studies. 24. Dean Cagle a former professor and colleague of Murphy in the Philosophy Department understood the ramifications of narrowing the PhD requirement and its effect on Murphy and older candidates and made this decision to exclude Murphy and older candidates from consideration for the position. 5

6 25. Falcón protested and explained the concerns such a requirement presented, specifically for Murphy, but despite acknowledging the concerns, Dean Cagle would not relent. He told Falcón that she must go along with his proposal or he would simply cancel the vacancy notice and eliminate the position, which would have destroyed WGS s outstanding opportunity to grow its program. 26. In response to Dean Cagle s decision, the search committee promptly sent a request to the University s Human Resources department to intervene and to change the vacancy notice back to the notice that had been recommended by the committee. Falcón kept Murphy abreast of the situation and informed her on April 10 that HR rejected the committee s request and that the vacancy notice would be listed with Dean Cagle s amendment. D. Dr. Murphy Reports Age Discrimination in the Search Process but MSUM Fails to Take Appropriate Action. 27. On April 11, Murphy reported concerns regarding the search process to MSUM President, Anne Blackhurst, requesting that Blackhurst take action to address the situation before the vacancy notice would be posted and asking for a meeting to further discuss her concerns. 28. President Blackhurst declined to intervene and would not meet with her. 29. On April 17, Murphy met with Dean Cagle and Falcón and presented her concerns regarding the vacancy notice and its requirement of a terminal degree in WGS. Cagle acknowledged that the terminal degree requirement excluded Murphy and older applicants from consideration but refused to change the requirement. 30. Dean Cagle claimed that his reasons for the terminal degree requirement were to improve the image of the WGS program and that the school s accrediting authority now required that professors possess a terminal degree in the discipline. These rationales are pretext masking discriminatory motives. WGS is an interdisciplinary program and is widely understood as such in 6

7 academia. Furthermore, it is inaccurate that the school s accrediting authority the Higher Learning Commission required a terminal degree in WGS. 31. As she had now gone to both the decision-maker and the University President without progress, Murphy promptly approached Human Resources to report age discrimination. On April 20, she met with HR Director Ann Hiedeman and shared her concerns regarding the discriminatory vacancy notice, including the factual data which demonstrated the obvious age ramifications of requiring a PhD in WGS given that older candidates would not have such a degree. 32. Hiedeman told Murphy that the vacancy notice did not meet her standards for best practices, stated that it would in all likelihood be changed, and encouraged Murphy to apply for the position regardless of the current qualifications. She said it was important for Murphy to stand up for herself and for all others who were similarly discriminated against and thanked her for bringing the matter to her attention. She concluded by promising Murphy that she would talk to both Dean Cagle and Interim Provost Michelle Malott. E. Dr. Murphy Applies for the Position and is Rejected Despite Her Obvious Qualifications and MSUM Hires a Significantly Younger Candidate and Terminates Dr. Murphy. 33. Following Hiedeman s instructions, Murphy applied for the position on April 27. At the time of her application and at all times thereafter, Murphy s qualification for the position was objectively clear. On top of being the only candidate with on-the-job experience performing the very position she was applying for and having performed the position exceptionally for years, she had produced decades-worth of scholarly work and developed a national reputation in the specific areas of expertise purportedly sought by the University. 7

8 34. Despite her qualifications and the fact that the search committee fought to interview her, the search committee was ultimately not allowed by Dean Cagle to consider Murphy for the position. 35. On May 11, Murphy met with Falcón and was informed that the committee had made an offer to another candidate and that Murphy had been excluded from consideration. 36. Devastated by the University s failure to address the discriminatory search process, Murphy again set up a meeting with Hiedeman for May 13, At the meeting, Hiedeman told Murphy that she had conversations with Dean Cagle, Interim Provost Malott, and Vice President of Diversity, Donna Brown, and that they had decided to make no changes to the vacancy notice. 37. MSUM ultimately hired a significantly younger, less qualified professor for the position who is roughly 30 years old and who received her PhD in Revealingly, despite the fact that MSUM makes syllabi the intellectual property of the person who taught the course and despite the fact that a highly-qualified professor would craft her own syllabus, on May 27, Falcón requested Murphy s syllabi for the new professor to reference for WGS courses WS 330 and WS 407. These courses require extensive understanding of ecological principles and philosophical background in science values and ethics, history and philosophy of science, and feminist epistemology material which the new hire is grossly underqualified to teach relative to Murphy. 39. Murphy s relationship with the University was terminated in August V. LEGAL CLAIMS COUNT I (Age Discrimination in Violation of the Minnesota Human Rights Act) 40. Plaintiff restates and re-alleges the allegations contained within the preceding paragraphs as though fully stated herein. 8

9 41. Plaintiff was an employee of Defendant and Defendant was the employer of Plaintiff within the meaning of the Minnesota Human Rights Act, Minn. Stat. 363A et seq. ( MHRA ). 42. Plaintiff was discriminated against with respect to the terms and/or conditions and/or privileges of her employment and, ultimately, was not hired for an Assistant Professor position within WGS because of her age and terminated because of her age in violation of Minn. Stat. 363A.08, subd Defendant used specific selection criteria for the open Assistant Professor position that had a significantly adverse and disproportionate impact on employees and potential applicants 40 years of age or older. 44. Defendant s selection criteria for the open Assistant Professor position resulted in Plaintiff being not hired for the open position. 45. Defendant knew or should have known of the aforesaid conduct. 46. The unlawful employment practices set forth above were intentional. 47. As a result of the above, Plaintiff suffered damages, including loss of income, mental anguish or suffering, and other damages in an amount to be proven at trial, but believed to be in excess of $50, By reason of the above-alleged conduct Plaintiff is entitled to judgment against Defendant in a reasonable amount in excess of $50,000, which should be trebled, and to civil fines and her reasonable costs and attorney s fees pursuant to Minn. Stat. 363A.33 and 363A.29. COUNT II (Reprisal in Violation of the Minnesota Human Rights Act) 49. Plaintiff restates and re-alleges the allegations contained within the preceding paragraphs as though fully stated herein. 9

10 50. Plaintiff engaged in statutorily protected conduct when she reported age discrimination to Defendant. 51. Defendant took adverse and retaliatory action against Plaintiff when it failed to hire her into an Assistant Professor Position and when it terminated her. 52. All of the foregoing misconduct constitute unlawful retaliation in violation of the MHRA. 53. The unlawful employment practices set forth above were committed with malice or reckless indifference to Plaintiff s rights in violation of the MHRA. 54. As a direct and proximate result of Defendant s willful and wrongful retaliatory acts, Plaintiff has lost compensation and fringe benefits and she has suffered mental and emotional distress and anguish. 55. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant, in a reasonable amount in excess of $50,000, which should be trebled; a civil fine; and her reasonable costs and attorneys fees pursuant to Minn. Stat. 363A.33. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays: a. That the practices complained of herein be adjudged, decreed and declared to be in violation of Plaintiff s legal rights under Minnesota and federal law. b. That Defendant be required to make Plaintiff whole for its adverse, retaliatory and unlawful actions through restitution in the form of back pay, including the monetary value of any employment benefits she would have been entitled to as an employee of Defendant, with interest of an appropriate inflation factor. 10

11 c. That Plaintiff be awarded front pay and the monetary value of any employment benefits she would have been entitled to as an employee of Defendant for a reasonable period of time into the future. d. That the above monetary awards be trebled pursuant to Minn. Stat. 363A.29, Subd. 4. e. That Plaintiff be awarded compensatory damages in excess of fifty thousand dollars ($50,000.00), in an amount to be determined at trial. f. Plaintiff gives notice of intent to seek leave to amend her Complaint to seek punitive damages, pursuant to Minn. Stat g. That the Court award Plaintiff all attorneys fees, costs and disbursements pursuant to any applicable laws or statutes. h. That the Court grant such other and further relief as it deems fair and equitable. PLAINTIFF DEMANDS A JURY ON ALL COUNTS Dated: January 20, 2016 SCHAEFER HALLEEN, LLC s/ Peter G. Christian Lawrence P. Schaefer (#195583) Peter G. Christian (#392131) Brian R. Smith (#397692) 412 South Fourth Street, Suite 1050 Minneapolis, MN Tel Fax lschaefer@schaeferhalleen.com pchristian@schaeferhalleen.com bsmith@schaeferhalleen.com 11

12 ACKNOWLEDGMENT Plaintiff, by its attorneys, hereby acknowledges that costs, disbursements and reasonable attorneys and witness fees may be awarded to the opposing parties if Minn. Stat is found to apply. Dated: January 20, 2016 SCHAEFER HALLEEN, LLC s/ Peter G. Christian Lawrence P. Schaefer (#195583) Peter G. Christian (#392131) Brian R. Smith (#397692) 412 South Fourth Street, Suite 1050 Minneapolis, MN Tel Fax